Virginia Senate Passes Psychedelic Therapy Bill, While House Advances Retail Marijuana Sales Legalization Measure
- The Virginia Senate passed a bill, SB 1101, that would establish a state advisory council to study and make recommendations on psychedelic-assisted therapy for veterans, including substances like psilocybin and MDMA.
- The House advanced a bill, HB 2485, that would legalize and regulate retail marijuana sales for adults 21 and older, allowing them to purchase up to 2.5 ounces of marijuana from state-licensed retailers.
- The legalization of marijuana for adult use, possession, and limited cultivation is already in effect in Virginia, following a previous Democrat-led proposal approved in 2021.
- Past versions of the marijuana sales legislation were vetoed by Governor Glenn Youngkin, with expectations of a similar outcome if the reintroduced bill passes, but there are hopes for future progress with a new governor.
Lawmakers in Virginia advanced two drug policy reform bills on Monday. The Senate passed a bill that would pave the way for psychedelic-assisted therapy for veterans, while House lawmakers gave preliminary approval to a plan that would legalize and regulate retail marijuana sales.
The psychedelics bill—SB 1101, from Sen. Ghazala Hashmi (D)—would establish a six-member state advisory council to study and make further recommendations about treatments involving U.S. Food and Drug Administration (FDA)-designated “breakthrough therapies,” including substances such as psilocybin and MDMA.
On third reading on Monday, the proposal passed a full Senate floor vote unanimously, on a 40–0 vote. It next proceeds to the House of Delegates.
As introduced by Hashmi last month, the bill would have also created a fund to support clinical trials into breakthrough therapy treatments for veterans, but a substitute adopted in committee last week removed references to that fund, leaving only the portion of the proposal that would create the advisory council.
“That particular substitute really pares the bill down to create within the Department of Health the Breakthrough Therapies for Veteran Suicide Prevention Advisory Council,” Hashmi said before the floor vote on Monday. “One thing that we know is that veteran suicide remains a critical crisis point, with rates significantly higher among veterans than the civilian population. Given the fact that we have such a high veteran community here in Virginia, this legislation is especially necessary.”
“Veterans, as we know, are disproportionately affected by conditions such as PTSD, treatment-resistant depression, major depressive disorder and traumatic brain injury,” the lawmaker added. “What we have seen is compelling research coming from a variety of research institutions, such as Johns Hopkins, that points to the fact that treatment through psilocybin has been effective in addressing a lot of these issues.”
The measure is an updated version of a similar proposal last year, SB 229, that cleared the Senate but didn’t make it out of the House.
Separately on Monday, the House advanced on second reading HB 2485, from Del. Paul Krizek (D), which would allow adults 21 and older to purchase up to 2.5 ounces of marijuana from regulated, state-licensed retailers. Lawmakers gave initial approval to that bill on a voice vote, setting it up for a final third reading floor vote later this week.
Use, possession and limited cultivation of cannabis by adults are already legal in Virginia, the result of a Democrat-led proposal approved by lawmakers in 2021. But Republicans, after winning control of the House and governor’s office later that year, subsequently blocked the required reenactment of a regulatory framework for retail sales. Since then, illicit stores have sprung up to meet consumer demand, feeding an illegal market that some estimates value at nearly $3 billion.
“I want my friends across the aisle to know that it’s time for the state to put this $3 billion illegal cannabis market to sleep,” Krizek said before the vote. “We need competition from a safe, tested and taxed product.”
“I recognize there’s a few aspects of this bill you might not be comfortable with,” he told Republicans, “but I’m committed to working to find a bipartisan bill as we continue to work on this important topic.”
Meanwhile the Senate last week approved companion legislation—SB 970, from Sen. Aaron Rouse (D)—on a 21–19 vote along party lines.
The legislature last session passed a nearly identical legal sales proposal, but it was vetoed by Gov. Glenn Youngkin (R). It’s widely expected that even if the reintroduced bill passes out of the legislature, Youngkin will once again reject it.
Here’s what Virginia’s reintroduced marijuana sales legislation, SB 970 and HB 2485, would do:
While the current legislation is nearly identical to what Virginia’s legislature sent to the governor last year, Sen. Adam Ebbin (D)—a legalization supporter and a sponsor of the state’s existing cannabis law—noted on the Senate floor last week that it differs slightly from past legalization bills, including what lawmakers passed in 2021 and the language originally introduced last session.
Specifically, he called out reduced funding in the current bill for pre-kindergarten programs, which he said are in dire need of more support.
“This is going to be a while before this bill finally makes it through the process,” Ebbin said, “but I would hope that whatever is finally adopted, whether it’s a conference report or if it doesn’t make it through this year, that we don’t tinker with the formula, because we have a strong need for pre-K, and it benefits a lot of kids in at-risk communities.”
“Overall,” he added, “I ask that we do support the bill.”
Meanwhile, Krizek told Marijuana Moment in December that it’s possible some Republican lawmakers might challenge Youngkin’s opposition to legal cannabis sales given that the governor’s term ends early next year.
Advocates hope Youngkin’s replacement will be more favorable to regulated sales, noting that a handful of Republican leaders in some other states have been more open to marijuana reform.
Jason Blanchette, president of the Virginia Cannabis Association, told Marijuana Moment last month that he expects Youngkin would again veto a legal sales bill if it reaches his desk this session, but added that it’s nevertheless important that lawmakers take up the matter.
“We’ve got one more year of Youngkin, and then if we can get it out, get it on his desk, that’ll be two times the Democrats have gotten the exact same bill through,” he said. “The feeling is that’ll set some very strong precedent for the next governor.”
Separately, legislative panels in Virginia last week advanced proposals that would seal records related to marijuana and begin planning access to psychedelic-assisted therapy for veterans.
An amendment to the record-sealing legislation adopted in the committee’s Resources Subcommittee moved the enactment date of the proposal to July 1, 2026, which staff said was intended to allow Virginia State Police to implement the change.
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Image element courtesy of Kristie Gianopulos.